Being in an accident is traumatizing. When you are in an accident or incident caused by someone’s negligence, it is somehow that much worse. Should you have been injured because of negligence in California, it is important to gather evidence. Without evidence, you will find it hard to file a legal claim for compensation.
To that end, you should keep a personal injury journal to document the impact of your injuries. This journal will also help you track your treatments, doctor’s visits, and medications. This type of documentation can help strengthen your legal case and potentially maximize your compensation.
However, there are several things to do and not to do when you keep a personal injury journal. Keep reading to discover the best practices to follow.
What to Do When Keeping a Personal Injury Journal
When you decide to keep a personal injury journal, keep the following in mind:
- You must start the journal as soon as possible. Ideally, you want to record all the necessary details in your journal very soon after your injury. Memory becomes unreliable over time, so you want to write everything down while it is still fresh in your mind.
Most importantly, note the accident or incident’s date, time, and circumstances. If you were in a car accident, note the weather conditions and the state of the road. If you slipped and fell in a store, write down anything you can remember, including a lack of wet floor signs.
Include any health symptoms, injuries, and pain immediately experienced.
- Keep track of pain levels and symptoms. Your symptoms and pain levels may worsen over time, even with medical intervention. Keep track of this in your journal, using a pain scale to describe your discomfort. Also, describe your symptoms in detail: for example, limited mobility, migraines, bone pain, mental health distress, etc.
- Document all doctor’s visits. If you are seriously injured, you will likely have to visit more than one doctor. Keep track of every medical appointment, including the name and specialty of each doctor. Note the date and time of each visit.
Write down the number of tests, treatments, and medications advised or prescribed. Include medical advice (beyond surgery and drugs) and note work or activity restrictions.
- Be clear about how your injuries affect your life. When you file a personal injury case, insurance companies and the court will consider how your injuries impact your daily life.
This is why it is important to write down how difficult it is to walk, drive, stand, or clean the house. Note it if you can no longer enjoy your hobbies or recreational activities.
If you have lost the desire to interact or go out with friends and family, include this as an effect of your injuries.
The more specific you can be, the better because it will strengthen your claim for pain and suffering damages.
- Do not exaggerate. It is important to note only the facts in your journal. If you exaggerate your symptoms or pain, it will be fairly easy for the court or insurer to pull your claims apart.
- Consult a personal injury lawyer. Your lawyer will advise you on what to include in your journal and what to avoid mentioning.
What Not to Do When Keeping a Personal Injury Journal
In addition to not exaggerating or misrepresenting your injuries, there are several other things you should not do with your journal.
- Do not include opinions or speculation. You should only include facts in your journal. This includes factual statements made by medical professionals. If a doctor says you have broken ribs, note it in your journal. If your ribs feel sore but there is no confirmation of broken ribs, do not state they are broken in your journal.
The same applies when writing about the actual accident or incident. Unless you have irrefutable evidence, do not write things like ‘the driver ran a red light’ or ‘the driver was texting and driving.’
- Do not try to blame the other party. No matter how angry or frustrated you are because of your injuries, do not blame the other party in your journal. Refrain from accusatory statements that can be held against you. Just stick to the facts instead.
- Do not skip days. Even if you have little to say, note everything that seems important. Do not skip any days because consistency is very important for your case.
A Personal Injury Journal Can Help You Win Your Case
If you use your journal correctly and note the right details, you can win your case better. So, follow the above dos and don’ts and consult your lawyer to build a strong compensation case.
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